Public health stakeholders are warning that expanding regional trade could create loopholes that tobacco companies may exploit to challenge national health regulations and gain wider access to markets.
The stakeholders, including the International Institute of Legislative Affairs (IILA), research institutions and government agencies, are calling for stronger regional cooperation to ensure trade policies do not undermine tobacco-control measures.
The concerns emerged during the launch of a fact sheet titled “Unmasking Tobacco Industry Interference in Regional Trade.”
Stakeholders say regional trade frameworks, including the East African Community (EAC) and the African Continental Free Trade Area (AfCFTA), could present new challenges for governments seeking to enforce tobacco-control laws.
They argue that differences in taxation, legislation and regulatory standards between countries could create opportunities for tobacco companies to circumvent national measures.
Tobacco Industry Interference Questioned
Among the strategies highlighted in the fact sheet is the “One Factory Strategy,” where tobacco manufacturers concentrate production in one country and distribute products across regional markets through existing trade arrangements.
Stakeholders say this could make it more difficult for individual countries to rely on taxation and other regulatory measures to reduce tobacco consumption.
They are also raising concerns over tobacco industry participation in policy and legislative processes, particularly where industry-linked economic claims are used to influence government decisions.
International Institute for Legislative Affairs Chief Executive Officer, Celine Awuor says public health must remain protected as regional trade expands.
“Article 5.3 requires governments to shield public health policies from tobacco industry influence. As regional trade expands, commercial interests should not be allowed to weaken tobacco-control measures. Public health must remain the priority when policies affecting communities are developed,” says Awuor.
Gaps in Tobacco-Control Laws Raise Concerns
The stakeholders are calling for stronger implementation of Article 5.3 of the World Health Organization Framework Convention on Tobacco Control, which seeks to protect public health policies from tobacco industry interests.
They also want governments to address gaps in tobacco-control legislation that could expose existing measures to legal challenges.
According to the stakeholders, comprehensive and harmonised laws would reduce regulatory loopholes and strengthen the enforcement of tobacco-control measures across borders.
Push for Regional Coordination
The stakeholders are further calling for a common regional platform to promote information sharing, coordinated enforcement and regular engagement among regulators, researchers and civil society organisations.
They also want greater scrutiny of economic submissions made by tobacco industry representatives, particularly claims relating to tax revenue, employment and illicit trade.
The stakeholders are urging governments to strengthen safeguards under AfCFTA Rules of Origin to ensure trade arrangements are not used to undermine tobacco-control policies.
Balancing Trade and Public Health
As African countries deepen regional economic integration, public health stakeholders say stronger coordination will be necessary to ensure trade policies do not come at the expense of health protections.
They are calling for regional trade policies to be implemented alongside robust tobacco-control safeguards, arguing that economic integration should not create avenues for tobacco industry interests to weaken public health measures.
